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State court of last resort · ST-VA-SC
Campbell County v. Royal
No. 101168Supreme Court of Virginia
101168 Campbell County v. Royal 01/13/2012 (Revised 01/30/2012) In an action by landowners for damages resulting from contamination of groundwater, the trial court erred in granting summary judgment for the pl…
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101168 Campbell County v. Royal 01/13/2012 (Revised 01/30/2012) In an action by landowners for damages resulting from contaminati…
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- Supreme Court of Virginia
- First added here
- October 4, 2026
- Last entry
- January 13, 2012
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101168 Campbell County v. Royal 01/13/2012 (Revised 01/30/2012) In an action by landowners for damages resulting from contamination of groundwater, the trial court erred in granting summary judgment for the plaintiffs under the "Discharge of Oil Into Waters" Law, Code § 62.1-44.34:14 through § 62.1-44.34:23, because those statutes do not apply to the passive, gradual seepage of leachate and landfill gas into groundwater. Since no damage instruction was tendered setting forth the proper measure of recovery on the plaintiff's alternative claim for inverse condemnation, there is no basis on which the plaintiffs can pursue that claim or retain the jury's award of damages. The judgment is revers…
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· Supreme Court of Virginia
Granted
The court's record, as written
101168 Campbell County v. Royal 01/13/2012 (Revised 01/30/2012) In an action by landowners for damages resulting from contamination of groundwater, the trial court erred in granting summary judgment for the plaintiffs under the "Discharge of Oil Into Waters" Law, Code § 62.1-44.34:14 through § 62.1-44.34:23, because those statutes do not apply to the passive, gradual seepage of leachate and landfill gas into groundwater. Since no damage instruction was tendered setting forth the proper measure of recovery on the plaintiff's alternative claim for inverse condemnation, there is no basis on which the plaintiffs can pursue that claim or retain the jury's award of damages. The judgment is revers…
Outcome words in this text: granting.
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